Honolulu officials are claiming victory in a settlement Friday with homeless-rights group (de)Occupy Honolulu, which sued the city for enforcing its stored-property ordinance at Thomas Square.
"This is a significant victory for the people of the City and County of Honolulu," said city spokesman Jesse Broder Van Dyke in an email to the Honolulu Star-Advertiser. He said the settlement is smaller than what legal fees could have amounted to.
Under the settlement, the city will pay $1,000 to the plaintiffs and not admit any wrongdoing. The settlement was entered on the record before U.S. District Court Magistrate Judge Kevin Chang.
The plaintiffs’ lawyers may be able to recover legal costs in a hearing next month, but that likely won’t happen because of the settlement, said Broder Van Dyke.
Richard Holcomb, attorney for the plaintiffs, said only that his clients are "pleased" with the settlement.
Members of (de)Occupy Honolulu sued the city in December 2012, saying city officials illegally seized and destroyed property during raids at the group’s Thomas Square encampment and never compensated the owners. The suit also alleged officials deprived them of due process of law, interfered with their free speech and committed other constitutional violations.
The group, an offshoot of the Occupy Wall Street movement that sprang up to protest income inequality in September 2011, began camping on the Beretania Street side of the park in November 2011. The suit said the group’s purpose is to protest policies victimizing the homeless in Hawaii.
In December 2011, Honolulu officials passed the stored-property law, which was used as a basis for the raids at Thomas Square. The law allows the city to seize tents and other property left on city property provided the items are tagged at least 24 hours in advance.
At least three plaintiffs in the settlement have been given jail time for interfering with officials trying to enforce the stored-property law. In October, Catherine "Sugar" Russell was sentenced to 60 days, Blade Michael Walsh received 45 days and Madori Rumpungworn got 30 days.
Russell is also a plaintiff in another lawsuit against the city by two members of (de)Occupy Honolulu. That suit, filed in September, claims a sidewalk-nuisance ordinance violates their civil rights.
The law allows the city to clear sidewalks of any tents, furniture, sleeping bags or items without more than a few minutes’ notice to the owners of the property.
The lawsuits never kept the city from enforcing both laws. On Friday city crews enforced the sidewalk-nuisance and the stored-property laws near the McCully Library, near Koali Road in Palolo, at Crane Park behind the Prudential Locations building on Kapahulu, and behind the Waikiki-Kapahulu Public Library, said Broder Van Dyke.
He said officials are using the stored-property law to "provide safe access to Oahu’s public spaces for all."
